U. N. BHACHAWAT, J.

( 1 ) THIS is a revision at the instance of defendant in Civil Suit No. 87-A/77 in the court of Civil Judge, Class II, Kasrawad.

( 2 ) THE facts leading to the present revision as stated are these :-The defendant in the present suit had filed a civil suit No. 54a/77 against plaintiffs Nos. 1 to 5 in the present suit in which a compromise decree was pass-ed on 28-4-1977, the plaintiff then filed the present suit for the cancellation of the compromise decree against the defendant; the suit was decreed by the trial Court vide its judgment and decree dated 28-4-1978, the defendant being aggrieved by this, filed an appeal on 16-7-1978 being Civil Regular appeal No. 40a of 1978 in the lower appellate court in which the defendants were arrayed in the same order as respondent (the appellant in the lower appellate court is referred to hereinafter as defendant and the respondent as plaintiffs); this appeal was barred by time; the defendant, had, therefore, filed an application J. A. No. 1 for condonation of delay under Section 5 of the Limitation Act, 1963 along with the memorandum of appeal; the lower appellate court had issued notice of this application to the plaintiff

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